Legal Opinion

McBean v. Government of the Virgin Islands

Supreme Court of The Virgin Islands

Decided March 18, 1983No. Civil No. 1066/1981PublishedCited by 14 opinions

1Opinion of the CourtFeuerzeig, Judge

*385MEMORANDUM OPINION

Where a person has filed an unverified notice of intention to file a tort claim against the Government without specifying the nature of the claim, and without later filing a formal claim, have the requirements of the Virgin Islands Tort Claims Act been met? The court believes they have not and will grant the Government’s motion to dismiss.

By enacting the Virgin Islands Tort Claims Act, the Government of the Virgin Islands waived its sovereign immunity to tort actions, and prescribed a specific procedure for filing tort claims against it. 33 V.I.C. § 3408 et seq., Act No.…

2Cases cited15 opinions

  1. Heisler v. StateAppellate Division of the Supreme Court of the State of New York · 1980
  2. Lydia Williams v. Delano DowlingCourt of Appeals for the Third Circuit · 1963
  3. Harvey Chalmers & Son, Inc. v. StateNew York Court of Appeals · 1947
  4. Joseph Berkeley v. West Indies Enterprises, IncCourt of Appeals for the Third Circuit · 1973
  5. Dublin v. Virgin Islands Telephone Corp.Supreme Court of The Virgin Islands · 1978

10 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Jamila Russell v. Superior Court of the Virgin ICourt of Appeals for the Third Circuit · 2018
  2. Henry Saludes v. Evelyn Ramos, M.D., and Government of the Virgin Islands. Appeal of Government of the Virgin IslandsCourt of Appeals for the Third Circuit · 1984
  3. Brunn v. DowdyeSupreme Court of The Virgin Islands · 2013
  4. Abdallah v. CallenderCourt of Appeals for the Third Circuit · 1993
  5. Patricia Albert, Errol Albert v. Abramson's Enterprises, Inc. Government of the Virgin Islands. Appeal of Government of the Virgin IslandsCourt of Appeals for the Third Circuit · 1986

9 more not listed; retrieve them via the Exa API.

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